SK 375 

c!pv I GAME AND FISH i 
^ 1./1Y/S OF COLORADO 

zzxox 

REVISION OF 1911 
AMENDMENT AS TO 
OPEN SEASONS IN 
EFFECT AUGUST 5, 
< ) 1911 







DCXZ 



Revised and Published by Authority: 
Jas. A. Shinn, State Game and Fish 
Commissioner, Denver, Colorado 
Rudolph Borcherdt, Deputy Game and 
Fish Commissioner, Denver, Colorado 



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-^^^tW NOTE: 

No license required for residents to fish. 



THE GAME AND EISH 
LAWS OF COLORADO 

REVISED 1911 

JAS. A. SHINN, Commissioner 

NOTE — For convenience the section numbers herein are 
the same as in the Colorado Revised Statutes, 1908. AH 
changes of 1911 are printed in black-face type and go into 
effect on August 5, 1911. 

I. Division A. Department Created, Commissioner and 
Wardens, Powers and Duties, Ownership of Game and Fish, 
General Provisions.— 2725-2752. 

XL Division B. General Regulations, Open Seasons, 
Number, Quantity.— 2753-2760. 

III. Division C. Public and Private Parks, Lakes and 
Preserves, Sale of Game and Fish Therefrom. — 2761-2792. 

IV. Division D- Importation, Transportation, Storage, 
Seizure, Sale.— 2793-2810. 

V. Division E. Hotels and Restaurants. — 2811-2813. 

VI. Division F. Unlawful Devices, Destruction of Same, 
Diversion and Pollution of Waters.^2814-2832. 

VII. Division G. Hunting Licenses.— 2833-2846. 

VIII. Division H. Guide Licenses— 2847-2849. 

IX. Division J. Taxidermists, Scientific Societies, 
Mounted Specimens. — 2850-2858. 

X. Division K. Domestic Certificates, General Pro- 
visions. — 2859-2864. 

XI. Division M. Records, Reports, Fees, Repeal, Tak- 
ing Effect.— 2865-2873. 

XII. Division N. (G) Penalties, Prosecutions, Fines. — 
2874-2885- 

XIII. Birds, Nests and Eggs.— 2886-2893. 



DIVISION A. :j 

Department Created — Commissioner and Wardens — Powers i 
and Duties — OwnersFiip of Game and Fish — General 

Provisions. 1 

2725. The department of game and fish is hereby ere- ] 
ated, and immediately upon the passage of this act, and :\ 
every four years thereafter, the Governor shall, by and 1 
with the consent of the Senate, appoint some person 
skilled in matters relating to game and fish, to be Game ^ 
and Fish Commissioner, who shall be the head of the game 
and fish department and shall take his office on the first 
day of April of each quadrennial period. The Governor .i 
may at any time remove the Commissioner for cause, and -^ 
in vacation of the Senate, may fill any vacancy in the -- 
office for the unexpired term, by appointment in writing, ^ 
filed with the Secretary of State. '\ 

The Commissioner shall be a resident and citizen of j 
this State and shall hold his office for a term of four years, ; 
or until his successor shall be duly appointed and quali- 
fied. The Commissioner shall receive a salary of two ] 
thousand dollars ($2,000) per annum, together with his j 
reasonable and necessary traveling expenses not exceed- 
ing six hundred dollars ($G00) per annum, to be paid as I 
the salary and expenses of other State officers; and such i 
Commissioner shall have the power to appoint a deputy \ 
state game and fish commissioner to receive a salary of j 
fifteen hundred dollars ($1,500) per annum, together with j 
his reasonable and necessary traveling expenses, not ex- : 
ceeding four hundred and eighty dollars ($480) per annum, J 
to be paid as the salary and expenses of the Commissioner " 
are paid; and the Commissioner may revoke such appoint- \ 
ment at any time, and appoint a successor. [L. '11, p. — , ' 
§1.] 

2726. Before entering upon the duties of his office, the j 
commissioner shall give a bond to the state of Colorado in ] 
the sum of $5,000, for the faithful performance of such j 
duties, with sureties to be approved oy the auditor of '. 
state, the same to be filed with the secretary of state, and ., 
he shall also take and file an oath similar to that required ] 
by other state officers. [L. '99, p. 184, § 2.] 

2727. The Commissioner shall be provided with an 5 

office at the state capitol, and with suitable furniture, sta- \ 

tionery and other facilities for the transaction of the ^ 

business of his department; he may appoint a clerk at a ; 

salary not exceeding fifteen hundred ($1,500) dollars per \ 

annum and may at any time remove said clerk and appoint \ 
a successor. [L. '11, p. — , § 2.] 

2728. The Commissioner may in writing, by and with 



the approval of the Governor, appoint and keep in service 
not more than five chief game wardens, who shall be resi- 
dents and citizens of this state, such appointments to be 
filed with the State Auditor. 

Each chief game warden shall receive a salary of twelve 
hundred ($1,200) dollars per annum and his reasonable and 
necessary traveling expenses, not exceeding four hundred 
land eighty ($480) dollars per annum. 

If deemed necessary for the proper enforcement of this 
act, the Commissioner may, with the approval of the Gov- 
ernor, appoint deputy game wardens for a limited time, 
and not exceeaing twenty in number at any one time, at a 
compensation not exceeding at the rate of one hundred 
($100) dollars per month each, while actually engaged in 
duty, and his reasonable and necessary traveling expenses, 
not exceeding three hundred ($300) dollars per annum, 
which shall be in full for services and ordinary expenses, 
provided that in no event shall the deputies and special 
wardens so appointed, or any of them, exercise the powers 
Of a deputy sheriff, except for the purpose of enforcing 
the provisions of this act. 

The Commissioner may also appoint, by and with the 
approval of the Governor, special game wardens to serve 
without pay, who shall have the same powers as deputy 
wardens. The Commissioner may revoke the commission 
of any warden, and appoint his successor at pleasure, by 
and with the approval of the Governor. 

All moneys received from fees and licenses of all kinds, 
as provided by this act, shall be deposited by the Commis- 
sioner in the state treasury in a fund to be known as the 
"Game Cash Fund," and may be used by the Commissioner 
for the purpose of employing additional game wardens, as 
above provided, and also for the propagation and protec- 
tion of the fish and game as provided in section 2749 of 
this division, and the Auditor of State, by and with the 
approval of the Governor, shall, upon presentation of 
vouchers properly drawn and signed by the Commissioner, 
issue warrant or warrants upon the State Treasury, pay- 
able out of the Game Cash Fund, for the purposes men- 
tioned, but in no event shall the Auditor draw a warrant 
or warrants payable from the Game Casu F'und unless 
there shall be money in said fund to pay such warrant 
or warrants. All moneys so deposited in the Game Cash 
Fund, as herein provided, shall remain in said fund to be 
used for the purposes herein set forth, and shall not be 
deposited in or transferred to the General Fund of the 
State of Colorado, or any other fund. 

Each Commissioner shall have the power to use the 
moneys remaining in said fund fom the last previous 
biennial period, existing at the time of his appointment, 



for the purposes expressed in this act. [L' '11, p. — §3.] i 

2729. The Commissioner may also, by writing filed ; 
in the office of the Secretary of State, appoint a super- 
intendent of state fish hatcheries, who shall be skilled in i 
fish culture, and who shall hold office for the term of i 
four years, subject to the power of the Commissioner to j 
remove him at any time, and to appoint a successor in i 
like manner. The superintendent shall receive a salary i 
of fifteen hundred ($1,500) dollars per annum, and his 1 
reasonable and necessary traveling expenses, not exceed-:, 
ing five hundred ($500) dollars per annum. 

The Commissioner may also appoint an assistant at if 
each of the operative fish hatcheries of the state at a;^ 
salary of twelve hundred ($1,200) dollars per annum, each. ! 
IL. '11, p. — , §4.] 'i 

2730. The Commissioner shall have power to prescribe 'i 
such rules, regulations and forms as may be required tc 1 
carry out the true intent of this act, and not inconsistent' ; 
herewith. [L. '99, p. 186, § 7.] ; 

2731. Except as herein otherwise .specially providedt j 
all money received under this act by a warden shall be ■ 
paid over to the commissioner. Those received by the J 
commissioner shall be paid over monthly to the state; 
treasurer, and those received by the state treasurer' i 
from whatever source, under the provisions hereof, shal: : 
constitute a game fund, and be used exclusively for the ; 
payment of the salaries and expenses incurred as provided : 
herein, and in the event such fund shall at any time*! 
prove insufficient, the deficiency shall be paid out of any ; 
monies in the state treasury, in the same manner as i 
those of other state officers, and such appropriations shal 1 
be made as may be necessary therefor. Payments oi j 
salaries and expenses shall be made monthly upon veri i 
fied accounts in detail, approved by the commissioner anc.^ 
governor, and warrants drawn by the auditor of state, j 
IL. 99, p. 186, § 8.] 

2732. It shall be the duty of the commissioner an( j 
chief wardens to devote their entire time to the perform i 
ance of the duties specified in this act, and to caus( ; 
prosecutions to be instituted and conducted for the pun 
ishment of violations thereof. In the performance o < 
their duties the commissioner and wardens shall hav( i 
all the rights and powers, throughout the state, of sher ' 
iffs and constables in their respective counties, excep i 
as herein otherwise provided. [L. '88, p. 186, §9.] 

2733. The commissioner shall biennially make to th( ^ 
governor a report of the transactions of his department J 
which shall contain an account of the work done, o ] 
moneys expended and recommendations for future work ' 
the cost of said report not to exceed $200. [L. 99, p. 186 ] 
§ 10.] J 

4 [ 

i 



2734. The commissioner and every warden throughout 
the state, and every sheriff and constable in his respec- 
tive county, is authorized and required to enforce this 
act and seize any game or fish taken or held in violation 
of this act, and he shall have full power and authority, 
and it shall be the duty of every such officer, with or 
without a warrant, to arrest any person whom he has 
reason to believe guilty of a violation thereof; and with 
or without a warrant to open, enter and examine all 
camps, wagons, cars, stages, tents, packs, warehouses, 
stores, outhouses, stables, barns and other places, boxes, 
barrels, and pacKages where he has reason to believe any 
game or fish taken or held in violation of this act, is to 
be found, and to seize the same; provided, that a dwell- 
ing house actually occupied can be entered for examina- 
tion only in pursuance of a warrant. [L. '99, p. 187, § 11.] 

2735. Where game or fish, while being transported, 
is seized under this act, the officer making such seizure 
shall have authority, upon payment of reasonable com- 
pensation therefor, to also take possession of and use any 
animals and vehicles used in such transportation for the 
purpose of conveying the game or fish seized to a con- 
venient railroad station or place of safe keeping or sale, 
and also for conveying any person arrested for the unlaw- 
ful possession of such game or fish to a place of hearing 
or trial, and no liability shall attach to such officer by 
reason thereof, but this section shall not apply to any 
animal or vehicle while being used as a public convey- 
ance for passengers or mails, or to any railroad car. [L. 
'99, p. 187, §12.] 

2736. In case Indians or other persons shall engage 
in the hunting or killing of game or fish in violation of 
this act, in such number as to be beyond the reasonable 
power of the commissioner or any chief warden to control, 
or in case of forcible resistance to the enforcement 
thereof, it shall be the duty of the sheriff of the county 
in which such violation exists, upon demand of the com- 
missioner or any chief warden, to aid him in the enforce- 
ment of this act, and to call to his assistance at once 
a sufficient number of persons to enforce the same 
promptly and effectually, or, if by him deemed necessary, 
said commissioner or chief warden may call such assis- 
tance without the intervention of the sheriff. The failure, 
without good cause, of any person called to assist in 
such enforcement to respond and render such assistance 
shall be deemed a violation of this act. [L. '99, p. 187, 
§13.] 

2737. No person shall set fire to any timber or grass 
on land belonging to this state or to the United States, 
or set fire in any place where it is liable to spread to 



such timber or grass, nor leave any camp fire unex- ] 
tinguished, and every officer having authority in relation J 
to timber or timber reserves of the United States shall : 
have the same authority under this act as a deputy - 
warden. [L. '99, p. 188, § 14.] ] 

2738. The commissioner may, if he so elect, bring '* 
and maintain a civil action in the name of the people ; 
of the state for the possession of any game or fish taken, ^ 
killed or held in violation of this act, or for the value i 
thereof, against any person in possession or exercising i 
control over the same, and if required by the commis- ;i 
sioner, a writ of replevin shall issue therein without bond. ' 
No previous demand for possession shall be necessary. 4 
[n case costs or damages are adjudged in favor of the 
defendant, the same shall be paid out of the game fund. < - 
Neither the pendency of such action nor of a criminal;] 
prosecution for the same taking, killing or possession, I 
shall be a bar to the other, nor shall anything in this ' 
section affect the right of seizure under the other pro- ; 
visions of this act. [L. '99, p. 188, § 15.] 

2739. All game and fish now or hereafter within this J 
state not held by private ownership, legally acquired and, ) 
which for the purposes of this act shall include all the ,. 
quadrupeds, birds and fish mentioned in this act, are 1 \ 
hereby declared to be the property of the state, and nor 
right, title, interest or property therein can be acquired -^ 
or transferred, or possession thereof had or maintained , 
except as herein expressly provided. [L. '99, p. 188, § 16.] J 

2740. No fish, fry or ova which may be in any of said i? 
hatcheries shall be sold or disposed of; privided, that the ^ 
superintendent of state fish hatcheries shall not be pre- 1 
vented by the above provision from exchanging either;^ 
fish, fry or ova with any other hatchery. [L. '97, p- 35, j 
§7.] > 

2746. As used in this act, and unless otherwise;^ 
specifically restricted or enlarged, the word game includes | 
all the quadrupeds and birds, and the word fish includes ] 
all fish (except white salmon, suckers, carp and squaw ' 
fish) mentioned herein, and now or hereafter within this • 
state and not held by private ownership legally acquired, j 
[L. '99, p. 189, § 17.] 

2747- As used in this act, unless otherwise specifically j 
restricted or enlarged, the worus herein and hereof refer ^ 
to the whole act; the words person, owner, proprietor, ' 
grantee, lessee or licensee include a firm, association, 1 
corporation or municipality; the word commissioner j 
means the state game and fish commissioner; the word ' 
warden or wardens include the chief wardens, deputy i 
wardens and special wardens provided for herein; the ] 
word officer includes every person authorized to enforce -i 

6 N 



this act; and whenever the possessipn, use, importation, 
transportation storage, taxidermy, sale, offering or expos- 
ing for sale of game or fish is prohibited or restricted, 
the prohibition and restriction, shall, where not specifi- 
cally otherwise provided extend to and include every part 
of such game or fish, and a violation as to each individual 
animal or part thereof shall be a separate offense, and 
two or more offenses may be charged in the same com- 
plaint, information or indictment, and proof as to a part 
of an animal shall be sufficient to sustain a charge as 
to the whole of it; and violations as to any number of 
animals of the same kind may be charged in the same 
count and punished as a separate offense as to each 
animal. [L. '99, p. 189, § 18.] 

2748. The possession at any time of game or fish 
unaccompanied by a proper and valid license, certificate, 
permit, or invoice, as herein provided, shall be piima 
facie evidence that such game or fish was unlawLully 
taken and is unlawfully held in possession, and it shall 
be the duty of every person having the possession or con- 
trol of game or fish to produce the proper license, cer- 
tificate, permit, or invoice, when one is required by this 
act, on demand of any officer, and to permit the same to 
be inspected and copied by him. [L. '99, p. 189, § 3 9.] 

2749. The commissioner may take, or authorize the 
taking from any of the waters of this state, at any time, 
and in any manner, by competent assistants skilled in 
such work, and avoiding in every way possible in jury to 
the fish so taken from the public waters for sucti pur- 
poses, any fish or spawn belonging to the state for the 
purpose of propagating or stocking other waters in this 
state, or exchanging with the fish commissioners of other 
states or of the United States, but no such fish or bpawn 
shall be taken or used for propagation in or stocking of 
any private lake, nor shall anything herein prohibit the 
purchase, by the commissioner, of fish fry and eggs for 
stocking waters in this state, but no fry or eggs of fish 
destructive of trout shall be placed in public waters 
without the consent of the commissioner. All spawn of 
rainbow trout taken from any stream of this state, for 
use in the state fish hatcheries, shall be hatched and fed 
at such hatcheries for at least three months, when not 
less than fifty (50) per cent of the fry resulting from 
such hatching and feeding shall be returned to the stream 
trom which the original spawn was taken. 

The commissioner may also use the fish and game cash 
fund for the purchase of fish, fish fry, fish eggs, game 
quadrupeds and game birds of any kind, deemed suitable 
by him for propagation within this state, and shall dis- 
tribute the same in such manner as may be deemed by 



him most effectual to t)romote such propagation. He 
may also, with the approval of the governor, lease from 
owners of licensed lakes the right to take spawn from 
such lakes for the purpose of supplying the hatcheries 
of the state. 

The commissioner may also authorize the retention 
by any resident of the state of any young game animal 
which has been abandoned by its mother and taken in 
good faith for the purpose of saving its life; but no more 
than two such animals shall be retained by one person 
at the same time. 

The commissioner, with the written permission of the 
governor, may also at any time and in any manner take 
game running at large within the state, for the purpose 
of propagation in other parts of the state, but the same 
shall not be used for stocking any private park. [L. 09, 
P- — § 2.] 

2750. In case of a violation of this act by a corpora- 
tion, the warrant of arrest may be read to the president, 
secretary or manager in this state, or any general or 
local agent thereof in the county where the action is 
pending, and upon its return of such warrant so served, 
the corporation shall be deemed in court and subject to 
the jurisdiction thereof, and any fine imposed may be 
collected by execution against the property of such cor- 
portation, but this section shall not be deemed to exempt 
any agent or employe from prosecution. [L. '99, p. 190, 
§21.] 

2751. In case the commissioner shall revoke the com- 
mission of a warden he shall immediately notify him in 
writing, and it shall be the duty of the person whose 
commission is revoked immediately on receipt of such 
notice to mail such commission to the commissioner at 
Denver and to refrain thereafter from acting or assum- 
ing to act as a warden. [L. '99, p. 190, § 22.] 

2752. If the holder of any license, certificate or permit 
shall persistently or flagrantly and knowingly violate or 
countenance the violation of any provision of this act, 
such license, certificate or permit shall be revoked by 
the commissioner after due notice given of the alleged 
violation and an opportunity afforded to appear and show 
cause against the same. [L. '99, p. 190, § 23.] 



II. 

DIVISION B. 

General Regulations — Open Seasons — Number — Quantity. 

2753. No person shall at any time of the year, or in 
any manner, pursue, take, wound or kill any bison, buf- 
falo, elk, deer antelope, mountain sheep or beaver, or any 
of the following wild birds viz.: Turkey, prairie chicken, 
sage chicken, grouse, quail, pheasant, partridge, ptarmi- 
gan, duck, goose, brant, swan, crane, water fowl, pigeon, 
dove, snipe, or curlew, or any trout, white fish, grayling, 
sunfish, bass, wall-eyed pike or other food fish, or sell, 
offer or expose for sale or have the same in possession, 
except as permited by this act. Whenever it shall become 
necessary, by reason of snow or other failure of their 
natural food supply to feed any of the animals mentioned 
in section one of this act in order to prevent them from 
suffering, it shall be the duty of the state fish and game 
commissioner to provide them with such food as may be 
necessary, to be paid for out of the fees of his office, 
with the approval of the governor, and the auditor shall 
issue his warrant for the same. [L. '99, p. 191, § 1.] 

2754. No person shall shoot from a public highway at 
game, or fish or hunt game in any enclosure not public 
land without the consent of the owner or persons in 
charge of the same, nor fish or hunt in any park, lake or 
preserve licensed under this act without the consent of 
the proprietor or person in charge of the same, and no 
question of ownership, proprietorship, or charge, shall 
defeat a prosecution unless it appears that the accused 
in good faith has heretofore claimed and at the time of 
the commission of the act complained of claimed to be 
such owner, proprietor or to have such charge, or to have 
had the consent of the owner, proprietor or person in 
charge, and shall establish such claim. [L. '99, p. 191, 
§2.1 

2755. No person shall have in possession or transport 
the carcass of any game quadruped or any considerable 
portion of such carcass unless the same has thereon the 
natural evidence of its sex sufficient to enable such sex 
to be readily determined by ordinary inspection. [L. '99, 
P 191, § 3.] 

2756- Every person lawfully taking any fish alive and 
desiring and entitled lawfully to retain the same, shall 
immediately kill it, unless it is intended to be kept alive, 
in which case it shall be immediately placed in a suitable 
receptacle containing sufficient water and given proper 
care and attention. [Lu '99, p. 191, § 4.] 

2757. No game or fish shall be used for baiting any 
trap, device or deadfall ,nor shall any edible portion of 



game or fish be abandoned or permitted to go to waste, 
nor shall the nest of eggs of any game bird be wilfully 
disturbed, destroyed or held in possession. [L. '99, p. 
192, § 5.] 

2758. No dynamite or other explosive or poisonous 
or stupefying substance whatever shall be used in the 
taking or killing of any fish, nor placed in any waters 
containing fish, except when done by public authority for 
public improvement, nor shall any ties or timber be 
driven or floated down any stream containing fish. [L. 
'99, p. 192, §6.] 

2759. It shall be lawful to pursue, take or kill, during 
the open season therefor, in the manner, of the kind, and 
for the purpose and to the number and extent in this 
division provided, the following game and fish, and the 
open season therefor in each year shall begin and end 
as hereinafter provided, both dates inclusive, namely: 

First. For deer having horns, October 1 to October 6, 
inclusive. 

Second. For male mountain sheep having horns, Sep- 
tember 25 to September 30, commencing in 1924. 

Third. For male antelope having horns, September 
25 to September 30, commencing in 1924. 

Fourth, For elk having horns, November 1 to Novem- 
ber 5, commencing in 1924. 

Fifth. For prairie chickens, mountain and willow 
grouse, August 15 to October 10. 

Sixth. For sage chickens , August 1 to September 1. 

Seventh. For pheasants, capercailzies, black game, 
and other grouse not indigenous to this state, September 
1 to September 20, commencing in 1915. 

Eighth. For ducks, geese, brants, swans, cranes, 
plovers, curlews, snipes and other wading, marsh and 
shore birds and water fowls, October 1 to IVIarch 1, of 
the following year. 

Ninth. For doves, an open season from August 1st to 
September 1, except in altitudes of 7,000 feet, or over, it 
shall be July 10 to August 10. 

Tenth. For bob-white quail, October 1 to October 20, 
commencing in 1924. 

Eleventh. For crested quail, October 15 to October 
30, commencing in 1924. 

2759-a. The open season in running streams for trout 
and grayling, not less than seven inches in length, shall 
begin May 25, and end October 31, next ensuing, and the 
open season for trout and grayling in lakes, shall begin 
May 1, and end October 31, next ensuing, and in no in- 
stance shall fishing be done between the hours of ten 
o'clock p. m. and four o'clock a. m. 



10 



The open season for whitefish, bass, catfish and wall- 
eyed pike shall be March 1 to November 30. 

2759-b. Beavers which interfere with the maintenance 
or operation of any canal, ditch or lawful dam, or the 
ciiHivation of land, or injure timber, may be killed at 
any time in pursuance of written permission from the 
commissioner first obtained, under such regulations as 
he may provide as to the disposition of the skins. 

2759-c. The right given by this division is limited to 
food purposes, and to 20 birds of each of the kinds men- 
tioned in this act, the killing of which is permitted by the 
provisions hereof, but no person shall kill more than 20 
birds in the aggregate of all kinds in any one calendar 
day, nor have in his possession more than 30 birds in the 
aggregate of all kinds at any one time; and the right 
herein given to take fish is limited to 20 pounds in any 
one calendar day, but no person shall have in his posses- 
sion more than 25 pounds of fish at any time; nor shall 
any. person take, kill or have in his possession in any 
one open season more than one game quadruped of the 
same kind; nor shall any person under twelve years of 
age be entitled to hunt except on his own premises op 
those of a relative or guardian, or take, kill, or have in 
possession more than half the number of birds, or half 
the weight of fish as hereinbefore provided. 

2759-d. No game or fish shall be held in possession 
by any person for more than five days after the close of 
the season for killing the same, except as in this act 
otherwise provided. 

2759-e. No game shall be pursued, taken, wounded 
or killed in the night, nor with a steel or hard pointed 
bullet, nor with any weapon other than an ordinary 
shoulder gun or pistol; nor shall any fish be taken or 
killed except in the ordinary manner with a line and rod 
held in the hand, and the hook or hooKS baited with 
natural or artificial bait; and fishing with snag hooks 
or trot lines, or lines having more than five hooks thereon 
shall not be deemed the ordinary manner of fishing; nor 
shall any person fish within 200 feet of any fish-way nor 
dispose of to another except by actual donation, any game 
or fish taken or killed under the provisions of this 
division. 

Provided that dogs, blinds, sinks and decoys may be 
used for hunting birds, and that the provisions of this 
division in relation to game quadrupeds and fish shall not 
apply to those of parks and lakes licensed for the keeping 
and propagation of the same; nor to fishing for suckers, 
carp, or squaw fish, with snag hooks, hand or trot lines, 
nets or seines, in any streams at places where there are 
no trout, but every person using a net or seine must first 

11 



obtain from the commissioner a permit, designating the 
place where the seine is to be used. Any fish, other than 
suckers, carp or squaw fish so taken, must be immedi- 
ately returned to the stream alive. [L. '11, p. — , § 5.] 
2760. Such permits shall expire with the calendar 
year and shall be substantially in the following form: 

Form I 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 

Permit for Suckers, Carp or Squaw Fish. 

No Denver, 19 

Mr is hereby authorized to 

take suckers, carp or squaw fish from the 

at from 19 

to 19 in conformity with 

law. 

This authorizes possession and sale, transportation and 

storage, void after the date last above. 

Commissioner. 

[L. '11, p. — , § 3.] 



I 



lo 



IN. 

DIVISION C 

Public and Pr vate Parks, Lakes and Preserves — Sale of 
Game and Fish Therefrom. 

2761. No person shall have in possession or keep or 
retain in captivity in any park, enclosure, lake or body of 
water, public or private, any living game or fish unless 
the person having such possession, or the proprietor of 
such park, enclosure, lake or body of water shall procure 
a license therefor as hereinafter provided; and in any 
prosecution for a violation of this section the possession 
of any living game or fish, or the having or keeping of 
any such game or fish in any park, enclosure, lake or 
body of water shall be prima facie evidence that the same 
was unlawfully captured and is unlawfully held in posses- 
sion. [L. '99, p. 194, § 1.] 

2762. Any park, enclosure, lake or body of water main- 
tained in violation of this act shall be deemed a con- 
tinuing public nuisance and may be abated as provided 
by law for the abatement of public nuisances and the 
game therein liberated, or any obstruction to the free 
ingress or egress of fish removed, and each day the same 
is maintained in violation hereof shall be a separate 
offense. [L. '99, p. 194, §2.]. 

2763. No person shall transport or sell, keep or 
expose or offer for transportation or sale any game or 
fish, taken from any park, enclosure, lake or body of 
water, public or private, unless the same be licensed as 
provided in this act, and then only as provided in this 
division, and this section shall apply to game and fish 
held by private ownership as well as to game and fish 
the ownership of which may be acquired under this act. 
[L. '99, p. 194, §3.] 

2764. The provisions of this division in relation to 
private parks and lakes, the licensing thereof for the 
keeping and propagation of game and fish therein, and 
permitting the sale thereof, shall apply to every park 
or lake in whole or in part on land held by private owner- 
ship, and to every lake, the water of which, or the right 
to the use of such water, in whole or in part, has been or 
may hereafter be acquired under the laws of this state 
Ox- of the United States, for irrigation purposes, and the 
owner of such land or water right shall be deemed the 
proprietor of such park, or lake, and of the game or fish 
therein, and such lakes shall be designated as class A. 
[L. '99, p. 195, § 4.] 

2765. Any person having already estaolished or desir- 
ing to establish and maintain a park or lake, public or 
private, for the purpose of keeping or propagating and 

13 



selling the game or fish therein or to he placed therein, <j 
shall apply in writing to the commissioner, stating the I 
name, location, extent and proprietorship of the same, the ; 
kind and as near as may be, the number of game or fish ] 
kept or desired to be kept therein, the term of which ^ 
the license is desired, and enclosing the fee therefor, and i 
if upon examination by the commissioner it shall appear 
that the application is in good faith, and in other respects 
proper and reasonable, he shall grant to such applicant 
a license therefor. [L. '99, p. 195, § 5.] 

2766. Such license shall be substantially in the fol- 1 
lowing form; - 

Form 2. 

STATE OF COLORADO. 

DEPARTMENT OF GAME AND FISH. 

Licensed Parks and Lakes. 

No Class A. Denver 19 . . 

This certifies that , proprietor of a (public 

or private) (park or lake) called and 

situated on , Sec , Twp ,Range 

in.. county, Colorado, is hereby authorized to 

keep and propagate therein and dispose of as provided ji 
by law, the following (game quadrupeds, birds or fish), 

viz. : 

together with such additions thereto (with the natural 
increase of all) as may be hereafter lawfully acquired. 
This authorizes possession, use and sale, but not trans- 
portation, and expires years after date. 

, Commissioner. 

[L. '99, p. 195, § 6.] 

2767. When any such proprietor shall desire to procure 
or add to his collection game or fish belonging to the 
state, he shall apply to the commissioner, who, if iti 
appear that the same is in good faith and proper and 
reasonable, shall issue a permit to procure the kind and 
number therein stated, which permit shall be sufficient 
to authorize the proprietor therein named or his agent 
appointed in writing, to capture or procure alive at any 
time of year such game and fish and to keep and dispose -j 
of them and their natural increase subject to the pro-i 
visions of this act, but no permit shall be valid except] 
in the year of its date ; provided that the use of such f 
game or fish for any other purpose, or the injury or ! 
destruction of the same in the effort to capture or other-;' 
wise, shall be deemed a violation of this act, unless it is 
made to appear that the same occurred without the fault 
or negligence of any person engaged therein; provided,! 
also, that no fee for license or permit shall be charged 
for any park or lake owned or controlled by a munici- 



14 



pality and to which the public is admitted free. Such 
parks and lakes shall be deemed public. All other parks 
and lakes licensed under this act shall be deemed private. 
[L. '99, p. 196, §7.] 

2768. The commissioner may also grant a permit to 
sny such proprietor for the exchange of any game or 
fish in such park or lake for other game or fish suitable 
for preservation or propagation in this state, with other 
persons within or without the state. [L. 99, p. 196. § 8.] 

2769. All permits for capture or exchange shall expire 
with the year in which issued and shall be substantialy 
in the following form: 

Form 3. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Permit to Capture or Exchange. 

No Class A. Denver 19. . 

This certifies that of , is 

authorized in person or by his agent, authorized in writing, 
to capture alive at any time of year (or exchange for 

) the following game and fish, to wit: 

for the purpose of propagation 

in licensed (park or lake) No This authorizes 

possession and transportation to the licensed park or lake, 
but expires with the year of its date. 

.Commissioner. 

[L. '99, p. 197, §9.] 

2770. Where a private park or lake of class A licensed 
under the preceding sections contains game quadrupeds or 
fish belonging to the state, at the date of the license, the 
commissioner shall have the right to demand and receive 
from the proprietor, free of charge, at such park, not 
more than 10 per cent of the natural increase of the game 
and quadrupeds therein, for each year thereafter; and 
not more than 10 percent of the fertilized fish eggs 
stripped from the fish in such lake each year thereafter, 
and it shall be the duty of the proprietor to give reason- 
able notice to the commissioner of the time when such 
eggs will be ready for delivery. The commissioner shall 
secure, at his own expense and whenever he may elect, 
the game quadrupds to which he is so entitled, but if he 
fails to do so before November 1, or fails to provide for 
the reception of the eggs to which he is entitled, his right 
thereto for that year shall cease. [L. '99, p. 197, § 10- J 

2771. If the proprietor of any lake mentioned in the 
last preceding section shall fail in any year to strip th« 
fish therein, the commissioner shall have the right to do 
so, the same to be without expense to the proprietor. [Li. 
'99, p. 197, § 11.] 

15 



2772. All game qua'drupeds and fish eggs so obtained ' 
by the commissioner from private parks and lakes shall 5 
belong to the state, and shall be used or sold by the ; 
commissioner for the purpose of stocking other parks, ; 
streams or laKes. [L. 99, p. 198, § 12.] 

2773. No person owning or controlling any reservoir, j 
lake or body of water into which public waters flow and i 
which furnishes the water supply in whole or in part to j 
any stream containing fish shall divert or lessen such , 
water inflow or supply to an extent detrimental to the ''. 
fish in such stream, reservoir, lake or body of water. \ 
[L. '99, p. 198, § 13-] i 

2774. Except as in this division otherwise provided, ' 
all game and fish, with the natural increase thereof, : 
held or confined in any private park or lake of class A,> ] 
licensed under the preceding sections, shall, during the: 
existence of the license or any renewal thereof, be deemed : 
the property of the licensee of the same to the extent that; 1 
he may lawfully retain, pursue, capture, kill, use, sell ori { 
dispose of the game and fish therein in any quantity, at ' 
any time of year, and in any manner except as prohibited { 
in sections 4, 5 and 6 of division B of this act, by con- i 
forming to the conditions and subject to the restriction 1 
in this division prescribed in relation thereto, but not ; 
otherwise, and the pursuit, capture, wounding or killing, i 
of any game or fish in any licensed park or lake, public 
or private, without the consent of the proprietor, shall be! ] 
unlawful; provided, that the aggregate number of game i 
or fish now in or hereafter collected and placed in any I 
private park, or lake of class A, which contained any ! 
game or fish belonging to the state at the date of the; ; 
taking effect of this act shall not be lessened by the 
killing, use, sale or disposition thereof, except as pro- i 
vided in the next section, it being the purpose of this ^ 
proviso to restrict such killing, use, sale and disposition ' 
to a number not exceeding in the aggregate the natural i 
increase, and that the right to capture, kill or dispose of I 
birds in any park shall, except as to pheasants and quails, i 
placed therein by the proprietor, and their natural j 
increase, when taken or killed within such park, be 
subject to the provisions of division B hereof. [L. '99, 
p. 198, § 14.] 

2775. If by reason of controlling necessity or for the 
purpose of stocking or replenishing some other park ot i 
lake, any proprietor of a park or lake of class A may I 
desire to lessen the aggregate number above provided i 
for, the commissioner may, on being satisfied of the pro- 
priety thereof, grant a permit therefor. 

Such permit shall be substantially in the following ( 
form : i 



]G 



Form 4. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Permit to Lessen Number. 
No Class A. Denver 19. . 

Being satisfied of the propriety thereof, Mr 

proprietor of maintained under license 

No is hereby permitted to lessen the aggregate 

number of therein to the extent of 

This authorizes sale, but not transportation, and 
expires with the year of its date. 

Commissioner. 

[L. '99, p. 199, §15.] 

2776. When the proprietor of any licensed park or 
lake of class A shall sell or dispose of any game or fish 
as herein provided, he shall at the same time deliver to 
the purchaser or donee or attach thereto an invoice 
signed by such proprietor or his agent, stating the number 
of the license and -name of such park, or lake, the date 
of disposition, the kind, and as near as practicable the 
number and weight of such game or fish, the name and 
address of the purchaser, consignee or donee. Such 
invoice shall authorize transportation within this state, 
possession and use for thirty days after this date, and 
shall be substantially in the following form: 

Form 5. 

STATE OF COLORADO. 

DEPARTMENT OF GAME AND FISH. 

Private Parks and Lakes — Invoice. 



Name of Park or Lake Class A. 

No. of License Date 19 . . 

Kind and number of game and fish 

Weight of same lbs. Name of consignee 

Address of consignee 

This authorizes transportation within this state, pos- 
session and sale for thirty days after date if attached to 
article. 

Proprietor. 

By Agent. 

[L. '99, p. 199, § 16.] 

2777. Such proprietor or his agent shall at the same 
time mail, postpaid, a duplicate of such invoice to the 
commissioner at Denver; provided, that no invoice shall 
be required in case of fish lawfully taken or killed in such 
lake during the open season therefor, and within the 
quantity provided by division B hereof, while in the 
possession of the person capturing or killing the same, 

17 



during the open season and for five days thereafter. [L- j 
•99, p. 200, §17.] . \ 

2778. When any such game or fish, for which an \i 
invoice is required, is to oe shipped by rail, express or j 
other carrier, public or private, the invoice shall be • 
securely attached thereto or to the package containing j 
the same, in plain sight, and the same may then be law-'j 
fully carried and delivered within this state to the con-i!v 
signee named in such invoice. [L. '99, p. 200, § 18.] 

2779. If such game or fish is held, exposed or offered ; 
for sale or sold by the consignee or kept in any storage,,! 
hotel, restaurant, cafe or boarding house, such invoice j 
shall be kept attached thereto as aforesaid until the samei i 
shall have been prepared for consumption. [L. '99, p., , 
200, § 19.] I 

2780. In case of a sale or disposition of a part of such \ 
game or fish the vendor shall at the same time make a < 
copy of such invoice and indorse thereon the date of sale, ' 
the number and kind of game or fish so disposed of andi ; 
the name of the purchaser, and sign and deliver the same/j 
to the purchaser or donee, who shall keep it attached as | 
aforesaid until the game or fish is prepared for consump- ^ 
tion, and the same shall have the same force and effect (^ 
as the original invoice. [L. '99, p. 200, § 20.] i 

2781. Any wilful misstatement in or any omission ofi j 
a substantial requirement from any invoice or copy j 
thereof, shall render the same void and be deemed a 
violation of this act, and the possession of such game or j 
fish shall be unlawful, and the possession of any game j 
or fish without such invoice or a copy thereof attached j 
thereto when so as above required shall be unlawful. [L-i j 
'99, p. 201, § 21.] 

2782. The proprietor of every private park and lake 
licensed under the preceding sections shall, whenever 
required by the commissioner, make and send to the 
commissioner at Denver a report showing as near as 
practicable the kind, number, age and sex of the game, 
and the kind and number of the fish, added and disposed 
of during the year preceding and on hand at the date of 
the report. [L. '99, p. 201, § 22.] 

2783. No grantee or lessee of a bird-shooting privi- 
lege at or upon any lake or body of water, nor any grantee 
or lessee of a fishing privilege in or upon any stream or 
any part thereof, shall pursue, take, wound or kill any bird 
at, upon or in such lake, or body of water, or fish in or 
upon such stream or permit the same, until he shall have 
procured a license therefor from the commissioner, and 
lakes and streams licensed under this section shall be 
designated as licensed preserves, but no such license shall 
be granted for any lake or body of water not wholly on 



18 



i 



land held by private ownership or under the laws relating 
to reservoirs or irrigation, nor for any part of a stream 
not wholly on land held by private ownership, nor shall 
any such license or any other person pursue, take, wound 
or kill any bird at, upon or in any lake, body of water, 
nor fish in or upon any stream licensed under this section, 
or have in possession or dispose of game or fish from 
any preserve otherwise than as provided in division B of 
this act, nor shall any person shoot or fish on a licensed 
preserve without the consent of the licensee. [L. '99, p. 
.201, §23.] 

2784. Licenses under the last preceding section may 
be obtained as near as may be in the manner provided 
for obtaining licenses for parks and lakes and shall be 
substantially in the following form: 

Form 6. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Licensed Preserves. 

No Denver 19 . . 

This certifies that (grantee or lessee) of 

, situated on section 

township , range , in county, 

Colorado, is licensed to (shoot or fish) thereon or therein 
and permit others to do so during the open season there- 
for and in conformity with the law. 

This does not authorize transportation or sale and 

expires years after this date. 

Commissioner. 

[L. '99, p. 202, §24.] 

2785. The rights acquired by the proprietor of a 
private lake licensed hereunder, and the prohibitions 
hereof, shall extend to and include all channels connecting 
a series or group of lakes i nder one license, and the 
commissioner may authorize the use of such screens or 
other appliances as may be necessary to prevent the fish 
in a licensed lake of class A from escaping, and it shall 
be the duty of the proprietor to adopt and use such screens 
or other appliances as the commissioner may direct to 
prevent the fish in public waters from entering such lake. 
[L. '90, p. 202, § 25.] 

2786. When the owner of a private park or lake has 
granted or leased to another the right to keep and propa- 
gate game or fish therein, the grantee or lessee shall 
be deemed the proprietor and entitled to the license. [L. 
'99, p. 202, § 26.] 

2787. A series or group of lakes under one proprietor- 
ship or lease and situated in reasonable proximity to each 

19 



otlier, may t)e inciucea m one Tjcense, eitner as a prrvafe 
lake or licensed preserve. [L. '99, p. 202, § 27.] 

2788. In case of diverse proprietorship the license may 
be joint if the proprietors so elect, otherwise a separate 
license shall be required for each interest and the rights 
threunder shall be co-extensive with or in proportion to 
such interest. [L. '99, p. 203, § 28.] 

2789. There shall be kept posted conspicuously and 
not more than forty rods apart on the borders of each 
park and each licensed stream, preserve, plain notices not 
less than one foot square, stating that the same is pri- 
vate property, and warning persons against trespassing 
thereon, and a similar notice shall be posted at or near 
each cardinal point of the compass on the border of each 
private lake and lake preserve. [L. '99, p. 203, § 29.] 

2790. In case of a transfer of proprietorship or interest 
In any park, lake or preserve, the transferee shall within 
thirty days thereafter procure from the commissioner a 
transfer of the license endorsed on the back thereof. [L. 
■99, p. 203, § 30.] 

2791. In case of parks, lakes and shooting and fishing 
privileges existing at the taking effect hereof, licenses 
therefor shall be applied for and the fee paid within three 
months after such taking effect. [L. '99, p. 203, § 31.] 

2792. Licenses for private parks, lakes and preserves 
may be for two years or ten years, as the applicant may 
desire, and any license shall be renewed from time to 
time at request of licensee for a like period as the original, 
or a two-year license may be surrendered at any time, 
and one for ten years obtained on payment of the full 
amount of the fee for the latter. Each renewal shall bear 
the same number as the original, and be of similar form, 
with the word "renewal" written on its face. A renewal 
must be applied for and the fee paid at or before the 
expiration of the original license or of the previous 
renewal, otherwise the same fee shall be paid as for an 
original license. Licenses for public parks and lakes 
shall be for ten years and renewed from time to time. 
[L. '99, p. 203, §32.] 



20 



IV. 
DIVISION D. 

Importation — Transportation — Storage — Seizure — Sale. 

2793. No game or fish shall be brought into this state 
from any other state or territory except as provided in 
this division. [L. '99, p. 204, § 1.] 

2794. Game and fish intended to be used for propaga- 
tion in or stocking parks or waters within this state may 
be brought into this state from any other state or territory, 
and the commissioner shall issue certificates therefor 
without charge. [L. '99, p. 204, § 2] 

2795. Game or fish intended for any purpose other 
than those mentioned in the last preceding section may 
be brought into this state only from those states and 
territories the laws of which at the time of such impor- 
tation do not prohibit the importation and sale therein 
of game and fish from this state, and game and fish so 
imported into this state may be held and disposed of Only 
as provided in this division. [L. '99, p. 204, § 3.] 

2796. No person shall import or bring into this state 
from any other state or territory, and sell any game of 
the kind mentioned in this act, or any rainbow, eastern- 
brook, mountain op native trout, until he shall have pro- 
cured from the commissioner a license as a game and 
fish importer, but no such license shall authorize the 
importation or sale of game, the killing of which is not 
permitted by the laws of this state. Such license shall 
be kept constantly and publicly exposed in the office or 
place of business of the licensee, and shall expire with 
the calendar year in which issued. [L. '11, p. — , § 6.] 

2797. Upon the receipt of imported game or fish the 
importer shall Immediately attach thereto an invioice 
stating the number and kind of game and fish, the name 
of the person and place received from, the date of recep- 
tion and the number of the importer's license, and sign 
the same. [L. '03, p. 234, § 4.] 

2798. In case of a disposition of such game or fish, 
or any part thereof, the importer shall deliver such in- 
voice, or a true copy thereof, to the purchaser or donee. 
[L. '03, p. 234, § 4.] 

2799. In case the purchaser or donee shall desire to 
re-dispose of the same, or any part thereof, he shall 
indorse on such invoice, or on a copy thereof, the name 
of the purchaser or donee, his own name and the date 
of re-disposition, and deliver the same to the purchaser 
or donee. [L. '03, p. 234, § 4.] 

2800. Such invoice or copies thereof so made, when 
kept attached to such game or fish, shall authorize the 

21 



possession, sale, storage, transportation and use of the 
same within this state at any time during the year of the 
date thereof. [L. '03, p. 234, § 4-] 

2801. All game and fish seized under this act shall, 
without unnecessary delay, be sold by the officer seizing 
the same, or by the commissioner, except when a sale 
is impracticable or is likely to incur expenses exceeding 
the proceeds, in which case the same shall be donated 
to any needy person not concerned in the unlawful killing 
or possession thereof. Possession by virtue of such sale 
or donation shall not be unlawful. The proceeds thereof, 
after deducting the costs of seizure and sale, shall, if 
made by the commissioner or any warden, be paid into 
the state treasury, but if made by a sheriff or constable, 
shall be paid, one-half to the commissioner and one-half 
into the treasury of the county where the seizure was 
made. [L. '99, p. 206, § 9.] 

2802. In case of such seizure and disposition the officer 
making the same shall sign and give to each purchaser 
or donee an invoice stating the time and place of dispo- 
sition, the kind, quantity and weight, as near as may be, 
of the game or fish disposed of and the name of the 
purchaser or donee. Such invoice shall authorize posses- 
sion, transportation within this state, storage and sale for 
thirty days after date and shall be substantially in the 
following form: 

Form 10. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Officers' Invoice. 

19.. 

Disposed Of by me this day to 

the following game and fish, to wit: Kind 

number ; weight ; the same having 

been seized and disposed of by me under the provisions 
of the game law. Tnis authorizes possession, storage, 
transportation within this state, and sale. Void after 
thirty days from date. 



(Title of Officer.) 

[L. '99, p. 207, § 10.] 
2803. When any person lawfully in possession of game 
or fish shall desire to transport the same within this state, 
the transportation of which is not herein otherwise pro- 
vided for, or out of the state, the commissioner may, upon 
being satisfied that the possession and transportation is 
not in violation of the spirit of this act, grant a permit 
therefor, and thereafter during the period of ten days 
after its date, such transportation shall be lawful between 

22 



the points therein named. Such permit shall be suostan- 
tially in the following form: 
Form 11. 

STATE OP COLXDRADO. 
DEPART'^IENT OF GAME AND FISH. 



Transportation Permit. 
No Denver 19.. 

This certifies that Mr is entitled to 

transport from Colorado, to 

the following game and fish to wit : 

This authorizes possession and .ransportation between the 
points named herein only, but not sale or storage. Void 
after ten days from date. 

Commissioner. 

[L. '99, p. 207, §11.] 

2804. No railroad company, express company, stage 
company or other public carrier, messenger, baggage man, 
or person in charge of any public conveyance, nor any 
agent thereof, shall receive or store for transportation, or 
transport into, or within, this state any game or fish 
except as follows, namely: 

(1) When there is attached thereto a proper and valid 
certificate or permit signed by the commissioner or having 
a fac simile of his signature thereon and on its face 
authorizing transportation of the article named therein,, 
and during the period therein stated. 

(2) At any time of year when the same is shipped 
from a private park or lake and has attached thereto a 
proper and valid invoice as required in division C of this 
act. 

(3) At any time of year when the same is in charge 
of the commissioner, or some person acting for him and 
under his writen authority, or an officer having seized 
the same under the provisions of this act, or a game or 
fish commissioner or warden of the United States or some 
other state, territory or foreign country. 

(4) At any time of year when the same has been 
seized and sold by an officer and has attached thereto an 
invoice as provided in this division, and for thirty days 
after date of such invoice. 

(5) When there is attached thereto a proper and 
valid importer's invoice, authorizing transportation of 
the article therein named and during the period therein 
stated. 

(6) At any time of year when the same are small fry 
or fish for stocking purposes. 

(7) At any time of year when the same is being 
transported from some other state or territory into this 
state in conformity with section 2 or 3 of this division. 

23 



(8) During the open season therefor and for five days 
thereafter when presented for shipment in lawful number 
or quantity. Each shipment, if a deer, must have attached 
thereto a hunting license coupon. See section 9, division 
G. If birds or fish, must have attached a domestic cer- 
tificate. See section 2, division K, [L. '99, p. 208, § 12.] 

2805. Game or fish may be transported out of this 
state only when accompanied by a permit from the 
commissioner authorizing the same, as provided in section 
11 of this division, or when being transported from some 
other state or territory where taken or killed, through 
this state to some other state or territory. [L. '99, p. 
209, § 13.] 

2806. Whenever any game or fish is presented for 
transportation or transported in a box, barrel, package 
or other covering so the game or fish is not plainly 
visible the consignor shall put on the outside of such 
covering a plain mark or label indicating the true con- 
tents, and the proper invoice, certificate, or permit, when 
one is required, shall be atached to the outside of the 
covering. [L. '99, p. 209, § 14.] 

2807. Nothing herein shall make such carrier liable 
for transportation of game or fish when the same is 
transported without charge or way bill and in the pos- 
session of a passenger; but such fact shall not exempt 
the same from seizure, if unlawfully taken, killed, held in 
possession, or transported. [L. '99, p. 209, § 15-] 

2808. Any person having the lawful possession of 
game or fish killed within this state, may, upon proof of 
such fact, have issued to him by the commissioner, a 
storage permit, which shall authorize storage, possession 
and use of the same not longer than ninety days next 
ensuing the open season therefor. 

Such permit shall be substantially in the following 
form; 

Form 12. 

•STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Storage Permit. 

No Denver 19. . 

Mr , residing at 

being in the lawful possession of killed 

within this state, is entitled to have the same kept in 

storage until next. This authorizes 

storage, possession and personal use until the date last 
mentioned above, but not transportation or sale. 

Commissioner. 

[Ia '99, p. 209, §16.] 

24 



2809. No game or fish shall be received for or held in 
storage except as follows, namely: 

(1) During the open season therefor and for five days 
thereafter wnen the same is stored for the person lawfully 
in possession of the same- If a deer, a hunting license 
coupon must be attached. See section 9, division G. If 
birds or fish, a domestic certificate must be attached. 
See section 2, division K. 

(2) At any time of the year when there is attached 
thereto a proper and valid invoice as provided in division 
C hereof, relating to parks and lakes. 

(3) At any time of year when there is attached there- 
to a proper and valid importer's invoice as provided in 
this division, and during the life thereof. 

(4) At any time of year when there is attached 
thereto a proper and valid officer's invoice as provided 
in this division relating to the seizure and sale of game 
and fish, but storage under this sub-division shall not 
continue for more than thirty days after the date of such 
invoice. 

(5) When there is attached thereto a proper and 
valid certificate or permit signed by the commissioner 
and on its face authorizing storage of the article named 
therein, and during the period therein stated. [L. '99, p. 
210, § 16.] 

2810. No certificate, invoice or permit shall be of any 
validity unless the same is kept constantly and publicly 
exposed with, or attached in plain sight to, the article to 
which it relates, or to the covering of the same when 
covered, except as in this act otherwise expressly pro- 
vided. [L. '99, p. 211, § 17.] 



25 



DIVISION E. 

Hotels and Restaurants. 

2811. No game or fish shall be held in possession in 
or placed upon the table of any hotel, restaurant, cafe or 
boarding house, or named on its menu or bill of fare as 
food for its patrons, either under the name used in this 
act or under any other name or guise wnatever except as 
follows, namely: 

(1) At any time of year when the same has been sold 
and is held in possession in accordance with the pro- 
visions of division D of this act, relating to the seizure 
and sale by an officer of game or fish killed or held in i 
violation of this act. 

(2) At any time of year when the same has been fur- 
nished from a private park or lake of class A licensed i 
under this act and sold, shipped and held in possession i 
in accordance with the provisions of division C of this act t 
relating to private parks and lakes, but this sub-division i 
shall not apply to licensed preserves. 

(3) At any time of year when the same has been i 
lawfully imported into this state and sold and held in i 
possession in accordance with the provisions of division i 
D of this act, relating to the sale of imported game and 
fish. 

(4) During the open season and for five days there- 
after, or during the life of a storage permit thereto : 
attached, at the request of the person lawfully in posses- . 
sion of the same, and for the personal use of such person i 
or his invited guests. [L. '99, p. 211, § 1.] 

2812. The naming of game or fish upon any such 
menu as food for patrons shall be prima facie evidence of 
the possession of the same by the proprietor of such hotel, 
restaurant, cafe or boarding house. [L. '99, p. 211, § 2.] 1 

2813. All permits, invoices and copies of invoices j 
received under this division shall be preserved by the | 
proprietor for at least thirty days after the consumption \ 
of the game or fish therein described (unless sooner i 
called for by the commissioner) and shall be delivered I 
to the commissioner on demand therefor within such j 
time. [L. '99, p. 212, § 3.] ! 



26 



VI. 

DIVISION F. 

Unlawful Devices — Destruction of the Same — Diversion 
and Pollution of Water. 

2814. Except as in this act otherwise permitted, no 
person shall use in the pursuit, taking, wounding or 
killing of game and fish any dog, net, seine, trap, snag 
hook, trot line, artificial lights or device whatever. [L. 
'99, p. 212, § 1.] 

2815. Every net, seine, trap, explosive, poisonous or 
stupefying substance or device used or intended for use 
in taking or killing game or fish in violation of this act, 
and set, kept or found in or upon any of the waters in 
this state or upon the shores thereof, and every trap, 
device or deadfall found baited in violation of this act, is 
hereby declared to be a public nuisance and may be 
abated and summarily destroyed by any person, and it 
shall be the duty of every officer authorized to enforce 
this act to seize and summarily destroy the same, and 
no prosecution or suit shall be maintained for such 
destruction; provided, that nothing in this division shall 
be construed as affecting the right of the commissioner 
to use such means as may be proper for the promotion 
of game and fish propagation and culture, nor authorizing 
the seizure or destruction of firearms. [L. '99, p. 212, § 2.] 

2816. Except as otherwise provided in this act, every 
dam or other artificial obstruction in the public waters 
containing food fish which interferes with the free pass- 
age of fish, and not provided with a sufficient fishway for 
the free passage of fish up and down the same, shall have 
such fishway constructed therein within six months after 
the taking effect of this act and no such dam or arti- 
ficial obstruction shall hereafter be constructed, placed 
or maintained in such waters without such fishway, 
except as hereinafter provided, but this section shall not 
apply to a point in a stream at which the whole volume 
of water is taken out and lawfully applied without unnec- 
essary waste to a beneficial use. [L. '99, p. 212, § 3.] 

2817. No dam or other obstruction to the free passage 
of fish shall hereafter be commenced, constructed dr 
placed in any public stream containing fish, until the 
person proposing to do so shall first give written notice 
to the commissioner of such intention, together with a 
statement of the name and location of such stream, the 
proposed location, size and purpose of such dam or 
obstruction, and thereafter comply with the reasonable 
directions of the commissioner in relation to the construc- 
tion and maintenance of a fishway therein. The expense 

27 



of construction and maintenance of such fishway shall 
be borne by the person erecting such dam or obstruction. 
[L. '99, p. 213, §4.] 

2818. Every fishway shall be constructed, maintained I 
and repaired at the expense of the owner and operator of i 
such dam or obstruction, and in the event of failure or I 
neglect to comply with any reasonable directions given ] 
by the commissioner, he may cause such construction, ] 
maintenance and repair to be made and the expense ;i 
thereof recovered from such owner or operator in a civil 
action with a penalty of ten dollars for each and every 
day of such failure or neglect, and from the time such 
construction or repair is commenced the expense thereof 
and the penalty aforesaid shall be a lien upon such dam 
or obstruction and the premises connected therewith, 
until the completion thereof and payment of the expense 
and penalty incurred. [L. '99, p. 213, § 5.] 

2819. In case of a dispute between the commissioner 
and any owner or operator as to the necessity, character, 
maintenance or repair of any fishway, the same may be 
judicially determined as herein provided in relation to 
alleged obstruction and pollution. [L. '99, p. 213, § 6.] 

2820. No sawdust, tailings or other deleterious or 
poisonous substance shall be allowed to run or pass into 
or pollute any public waters containing fish, or deposited 
or left where it may be carried by natural causes into 
such waters, in such quantities as to destroy or be detri- 
mental to the fish or spawn therein, except as hereinafter 
provided. [L. '99, p. 213, § 7.] 

2821. Every dam or other artificial obstruction, every 
placer mine, mill, reduction plant or other industrial 
enterprise, constructed, maintained or operated in viola- i 
tion of this act, is hereby declared unlawful and a continu- i 
ing public nuisance and the same may be enjoined or : 
abated or its objectionable features modified as herein- i 
after provided, and the person constructing, maintaining »; 
or operating the .same punished as for a violation of this 
act, and every day the same is so maintained or operated 
shall be deemed a separate offense. [L. '99, p. 214, § 8.] 

2822. Whenever any such obstruction or pollution is 
alleged to exist, the commissioner, any citizen of the 
state or the owner or operator of such obstruction or 
industry, may file a petition in the district court of the 
county in which the obstruction or pollution is alleged to 
exist or originate, or into which any of the polluted water 
flows, for the purpose of having an equitable determina- 
tion of the fact, nature and extent of such alleged obstruc- 
tion or pollution and the remedy to be applied, if any, 
and a temporary injunction may issue upon notice of the 
fact of obstruction or pollution be evident and the neces- 

28 



sity urgent, issues shall be made up as in other civil' 
actions. L. '99, p. 214, § 9.] 

2823. The action may be brought by the commis- 
sioner or a citizen of the state in the name of the people 
of the state on the relation of such person, but no such 
action shall be brought by a citizen without the consent 
of the commissioner, the attorney general or the district 
attorney of the district. 

In case an injunction is issued or an appeal taken (on. 
behalf of the people, no bond shall be required. The 
relator shall not be responsible for costs, but the same- 
shall be paid by the state if it be defeated, or the com- 
missioner may pay the same from any funds provided for 
the enforcement of the game and fish laws. [L. '99, p.. 
214, § 10.] 

2824. If the action is brought by the owner or oper- 
ator, the people of the state shall be made defendants,, 
and service of the summons shall be made upon the 
commissioner, and a cross-petition may be filed with the- 
same effect as an original petition. [L. '99, p. 215, § 11.] 

2825. It shall be the duty of the district attorney 
of the district where any such action is brought, or to 
which it may go at any time, to appear on behalf of 
the people of the state, and conduct the same under the 
direction of the commissioner. If the district attorney 
shall fail or neglect to prosecute or defend such action 
to the satisfaction of the commissioner, it shall be the duty 
of the attorney general to appear and prosecute or defend: 
for the people, or the commissioner may employ special 
counsel. [L. '99, p. 215, § 12.] 

2826. On final hearing the court shall, without the 
intervention of a jury, determine if such obstruction |or 
pollution exists, and if so, the cause, nature and extent 
thereof, the injurious effect, if any, upon the fish and 
their propagation, the means adopted, if any, by such 
owner or operator to obviate or prevent the same, the 
practicability or otherwise of more efficient means to 
prevent injury therefrom, and any other facts necessary 
to form an intelligent judgment of the public necessity, 
and importance of the industry concerned as compared 
with the like necessity and importance of such waters as 
a source of fish supply, if unaffected thereby, and having 
due regard to the public welfare and such constitutional 
and legal rights as may exist, may order the adoption by 
the owner or operator of such means as may be reason- 
able and practicable, to prevent or lessen the injurious - 
effect of the same, or may abate the obstruction or 
perpetually enjoin the operations which cause the injury ,^ 
or render such other judgment as the right of the cause 
may require. In determining the questions aforesaid, the 

29 



court shall not be precluded from considering the other 
beneficial uses to which such waters are or may be 
applied. [L. '99, p. 215, §13.] 

2827. The final judgment and decree of the court until ! 
reversed or modified, and of the supreme court on final ! 
hearing, shall be a final determination of the rights of 
the parties thereto, under the facts existing and found by ' 
the court, and when complied with by the owner or ^ 
operator, or if the judgment shall be in his favor, shall be i 
a bar to any criminal prosecution for the same or similar 
acts unless the cause, extent or nature of the injury be ■ 
thereafter changed so as to affect the fish supply more \ 
injuriously. [L. '99, p. 216, § 14.] 

2828. In the event of a change in the cause, extent 
or nature of such injury, either increasing or diminishing 
the effect thereof, either party may at any time thereafter ^ 
file a supplemental petition in the district court where ■ 
the cause was tried, and have such increased or diminished 
effect determined and the judgment modified accordingly, 
but the facts originally found shall not be retired upon j 
such supplemental petition, nor shall the original judg- j 
ment, whether finally rendered in such court or the I 
supreme court, be modified or changed except as required I 
T3y such changed conditions. [L. 99, p. 216, § 15.] j 

2829- Nothing herein shall prevent the granting of i 
a new trial as provided by law. [L. '99, p. 216, § 16.] ; 

2830. Appeal or writ of error in such action shall lie j 
to or from the supreme court only, and all the evidence 
offered or introduced shall be reduced to writing and j 
preserved, and in the event of an appeal the supreme I 
court shall try and determine the case de novo on such ] 
evidence; provided, that if the evidence or the findings 
of the court below on any essential fact be not satisfac- 
tory, the supreme court may remand the same for retrial. , 
[L. '99, p. 216, § 17.] 

2831. In case an order is made, before final judgment ; 
granting, modifying or refusing an injunction, an appeal i' 
from or writ of error to such order may be taken without 
waiting for final judgment. [L. '99, p, 216, § 18.] 

2832. Nothing in this division shall prevent the \ 
enforcement of this act by criminal prosecution in the 
absence of the equitable proceeding herein provided for, 
or during the pendency of the same, unless the court in ! 
which such equitable proceeding is pending shall for good 
cause shown, restrain such criminal prosecution, which ! 
it may do, nor shall anything in this division affect any 
existing right for the prevention or redress of private 
injuries or wrongs. [L. 99, p. 216, § 19.] 



30 



VII. 

DIVISION G. 

Hunting and Fishing Licenses. 

2833. No person shall shoot or engage in hunting any 
game, whether protected by law or not, or in fishing for 
any fish protected by law without first having procured a 
license therefor as hereinafter provided, and having at 
the same time such license in his possession; nor shall 
any person lend, sell, give or assign his license or any 
coupon belonging thereto except when game is disposed 
of as permitted by law, in which case the proper certifi- 
cate must accompany it. [L. '09, p. — , § 5.] 

2834. Nothing in this division contained shall author- 
ize the pursuit, taking, wounding or killing of game or fish 
in the close season, or contrary to the laws now in force 
or hereinafter enacted, nor in any manner interfere with 
the enforcement or operation of such laws, except as 
herein otherwise provided, or be deemed applicable to 
fishing by persons under 12 years of age. [L. '09, p. — , 
§5.] 

2835. All licenses must be upon blanks furnished by 
the commissioner, but may be issued by the commissioner 
or by any county recorder, and except those for bird 
hunting only, shall be good in any and all counties in 
the state. 

Licenses shall be as follows: 
(1) A non-resident hunting license. 

(2) A non-resident bird hunting license, good only in 
the county therein named- 

(3) A resident hunting license. 

(4) A fishing license for non-resident. 

(5) A non-resident combined hunting and fishing 
license, issued on one blank. [L. '11, p. — , § 7] 

2836. The fee for fishing license for a non-resident 
shall be $2.00. [L. '09, p. — , § 5.] 

2837. No person not a citizen of the United States 
and a bona fide resident of this state shall engage in 
hunting or fishing therein without a non-resident hunting 
or fishing license, and the commissioner or county 
recorder shall require satisfactory proof of resir^nce from 
any person claiming to be exempt from the operation 
of this section. [L. '11, p. — , § 7.] 

2838- When a license is issued by a county recorder, 
the fee shall be the same as if issued by the commis- 
sioner, and 25 cents thereof shall be for the personal 
compensation of such recorder for filing the application, 
issuing the license, keeping a record thereof, making a 
report, and all other services connected therewith, and 
shall be in addition to any other salary or compensa- 

31 



tion. The remaining 76 cents to be remitted to the 
game and fish commissioner. [L. '11, p. — , § 7.] 

2839. No license shall be transferable, or be any pro- 
tection except to the person to whom it was issued and 
therein named, and while in his actual possession, and 
any transfer or alteration of a license or coupon shall 
render the same void, and all licenses shall expire with 
the calendar year in which issued, liach license shall 
be numbered and shall state the name, age, sex, and 
place of residence of the person to whom issued, and 
the officer issuing the same shall keep a record thereof. 
[L. '09, p. — , § 5.] 

2840. It shall be the duty of the commissioner to 
prepare and furnish on or before May 1 of each year 
to the county recorder, blank licenses, in such number as 
may be required, and no license of any kind shall be 
issued, except on a blank furnished by the commissioner, 
which shall have attached to it the necessary coupons, 
each coupon having thereon a fac-simile of his signature, 
and when any person shall take or kill any game quadru- 
ped, such person shall as soon as practicable detach from 
his license and attach thereto, in plain sight, the proper 
coupon, date and sign his name to the same, and the 
coupon shall be kept so attached so long as any con- 
siderable portion of the carcass remains unconsumed, and 
in case it is desired to preserve either the hide, head, 
feet or horns, the coupon shall be kept attachd to such 
part as long as it is preserved. [L. *11, p. — , § 7.] 

2841. The proper coupon, when so dated, signed and 
attached to game lawfully taken or killed and lawfully 
in possession shall authorize possession, use, storage and 
transportation of the carcass, or any part thereof within 
the state during the open season therefor of the year of 
its date and for five days thereafter. The coupon so 
attached to the hide, head, feet or horns shall authorize 
any licensed taxidermist to dress or mount the same, and 
shall render it lawful for any person to hold, possess and 
transport the same within this state so long as such 
coupon is so attached. [L. '03, p. 236, § 9.] 

2842. The possession of protected game or fish at any 
time in the field shall be prima facie evidence that the 
party having such possession is engaged, or has been 
engaged, within the year, in taking same. [L. '03, p. 237, 
§10.] 

2843. The commisioner and every warden throughout 
the state, and every sheriff and constable within his 
respective county, is authorized, and it shall be his duty, 
to arrest any person guilty of a violation of this division 
and to demand of any person whom he has reason to 
believe is or has been engaged in hunting or fishing in 

32 



this state, within the year, the immediate production of 
a proper license therefor and an opportunity to inspect and 
copy the same, and it shall be the duty of every person 
required by this act to procure and have in possession 
such license, to so produce the same, and permit such 
inspection, and copying. [L. '03, p. 237, § 11.] 

2844. It shall be the duty of every county recorder 
collecting any license fee under this act to report to the 
commissioner on or before November 10th of each year, 
or whenever the commissioner may require, a full state- 
ment of all such licenses issued by him, and to return 
to the commissioner all unused licenses, together with a 
remittance of the fees therefor. [L. '11, p. — , § 7.] 

2845. No person shall procure or use more than one 
coupon of the same number, nor procure or use more than 
one license in any one year, nor use any coupon after it 
has been used once and a violation of this section shall 
render all such licenses and coupons void. [L.. '03, p. 
237, § 13.] 

2846. Every person hunting or fishing in any licensed 
park or preserve must have a license as provided in this 
division, but where game is lawfully killed in a licensed 
park and an invoice is attached thereto, as provided in 
division C of said act, no coupon from such license need 
be attached. [L. '03, p. 237, § 14.] 

2846-a. Birds lawfully taken at large, and fish lawfully 
taken from public waters within the state during the open 
season, must have attached thereto a certificate in the 
following form: 

Form 13. 

STATE OF COLORADO. 

I hereby certify that the (here insert kind and number 
of birds or fish) to which this certificate is attached 

were lawfully taken by me in county, 

Colorado, on the day of 19. . . 

(Signed) 

[L. '09, p. — , § 5.] 



33 



• VIII. 
DIVISION H. 

Guide Licenses. 

2847. No person shall directly or indirectly engage or 
act as guide, as the term is commonly understood, for any 
person or party engaged in hunting protected game, with- 
out having satisfied the commissioner of his reliability 
and competency and procured from the commissioner a 
license therefor and having the same in his possession 
while so acting. [L. '03, p. 238, § 1.] 

2848. Every guide licensed under this act shall, by 
virtue of such license, be entitled to act as a deputy war- 
den, without pay, and when commissioned as such, shall 
have all the powers of a deputy warden, as provided 
in ^aid act, and if he shall violate, or connive or assist 
in any violation of this act, his license and commission 
may be revoked by the commissioner, and he shall b© dis- 
qualified to act as a guide during that year, and also be 
liable to punishment as for a violation of this said act. 
[L. '03, p. 238, § 2.] 

2849. Every guide shall, as often as requested and on 
blanks furnished by the commissioner, report under oath 
to the commissioner the names and number of persons 
guided by him, the number of days he has been so em- 
ployed, and, as near as practicable the number of game 
and fish taken or killed by such persons and himself, and 
such other information as the commissioner may deem 
desirable. The fee for a guide license shall be in addition 
to the fee required for a hunting license, and every guide 
shall procure a state hunting license and have the same in 
his possession while acting as a guide. All such licenses 
shall expire with the calendar year in which issued. [L. • 
'03, p. 238, §3.] 



34 



IX. 
DIVISION J. 

Taxidermist? — Scientific Societies— Mounted Specimens. 

2850. No person shall engage in taxidermy for hire 
until he shall have procured a license therefor. 

Licenses under this section for taxidermists engaged in 
business at the taking effect of this act must be procured 
within three months after such taking effect. [L. '03, p. 
239, §1.] 

2851. The word "specimen" as herein used means the 
head, horns, feet and hide, or either one or all of them, 
mounted or dressed, or unmounted or undressed, of a 
game quadruped protected by law, and no such specimen 
shall be brought into this state by any person, except 
as provided in said act, nor shall any such specimen, 
either domestic or brought from any other state, terri- 
tory or foreign country, be mounted, dressed transported 
or held in possession in this state by any person, except 
as provided in this division, nor shall any such specimen 
be sold unless the same was lawfully imported or killed 
prior to the taking effect of this act, and the evidence 
thereof attached thereto, as herein provided. [L. '03, p. 
239, §2.] 

2852. It shall be the duty of the commissioner as soon 
as may be after the taking effect of this act to examine, 
or cause to be examined, all specimens of protected game 
quadrupeds in the possession of taxidermists, and to 
furnish and have a tag affixed, without charge, to each 
specimen which appears to be lawfully held, and it shall 
be the duty of every person to afford an opportunity for 
and permit such examinations and tagging without hin- 
drance. [L. '03, p. 239, § 3.] 

2853. If any specimen has been lawfully imported by, 
or was lawfully owned by and in the possession of a 
taxidermist prior to the passage of this act, the commis- 
sioner shall, upon satisfactory proof of such fact, affix 
thereto, without charge, a tag showing the same, or any 
taxidermist or other person desiring to import any speci- 
men shall apply to the commissioner, who, if such impor- 
tation appears to be proper, shall issue a certificate 
therefor, and such specimen may be lawfully held or sold 
so long as the evidence thereof remains attached thereto. 
[L. '03, p. 239, § 4.] 

2854. The commissioner may, upon the written request 
of the governor, issue to any representative of, or person 
designated by, a reputable and duly incorporated society 
of natural history or science, a permit to collect for 
scientific purposes only, at any time of the year, any of 
the game and fish protected by law, upon the applicant 



'being recommended by two well-known scientific men and 
^executing to the state a bond in the sum of $1,000, with 
acceptable sureties, Such permit shall authorize the 
3)erson therein named to take or kill within the state and 
^deliver to such society such game and fish, and the same, 
when so lawfully procured may be thereafter mounted or 
rdressed and held in possession; but nothing herein shall 
.authorize the procurement of game or fis'i taken or killed 
unlawfully, or exempt a person unlawfully taking or 
killing the same from the penalties therefor. 

In case any game or fish procured under this section 
shall not be appropriated to scientific purposes, the bond 
^aforesaid shall be forfeited to the state and the permit 
become void. 

All persons acting under a permit as aforesaid shall 
be required to have a hunting license for the same pur- 
rpose. [L. '03, p. 240, § 5.] 

2855. Any person other than a taxidermist, in lawful 
possession of any specimen, ?nd desiring to perpetuate the 
♦evidence of the legality of his possession, may apply to 
.the commissioner, and upon it being so made to appear, 
the commissioner shall issue to him a certificate to that 
'effect. [L. '03, p. 240, § 6.] 

2856. The conditions under which specimens referred 
to in this division may be dressed, mounted, held in pos- 
session or transported within this state, are as follows: 

1. When there is attached thereto a hunting license 
'Coupon, as provided in this act. 

2. When there is attached thereto a certificate, per- 
mit, as provided in this act. 

3. When there is attached thereto a certificate, 
permit, tag or invoice, as provided in this act, or in the 
act to which this is amendatory. [L. '03, p. 240, § 7.] 

2857. In case it is desired that the head, horns, feet 
or hide shall be separated, the commissioner may issue, 
without charge, a duplicate coupon or tag for one or more 
of the parts, describing the same. 

The alteration of any certificate, permit, tag or in- 
voice, or its use on any other specimen than the one 
for which it was issued, shall render it void. [L. '03, 
p. 241, §8.] 

2858. Nothing in this division shall be deemed applic- 
able to living game. [L. '03, p. 241, § 9.] 



3R 



DIVISION K. 

Domestic Certificates — General Provisions. 

2859. Every person lawfully taking any domestic 
game or fish shall, without delay, attach thereto a certifi- 
cate signed by him and stating the kind, number, and 
when and where the same were taken, and in case the 
same, or any part thereof, shall be donated to another, 
shall indorse such fact on the certificate, or on a copy 
of the same, and sign it. Such certificate (or copy 
indorsed when required) shall be deemed prima facie 
evidence of lawful possession, and authority to transport 
and store the same within the state during the open 
season and for five days thereafter; and the possession, 
transportation or storage of such game or fish without 
such certificate (or copy indorsed when required) attached 
thereto shall be unlawful. 

Provided, that this section shall not apply to game or 
fish having attached thereto a proper hunting license 
coupon, or an invoice from a private park or private 
lake. 

Blank certificates in the form of tags for this purpose 
may be furnished by the commissioner at cost. [L. '03, 
p. 241, §1.] 

2860- Such certificate shall be substantially in the fol- 
lowing form: 

Form 13. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Domestic Certificate. 

I hereby certify that the to which 

this certificate is attached lawfully 

taken by me in county, Colorado, on 

the day of 19.. 

(Signed) 

[L. '03, p. 242, § 2.] 
2861. The commissioner or any warden, if he so elect, 
or any other officer charged with the enforcement of 
the laws relating to game and fish, if so directed by the 
commissioner, may bring a civil action in the name of 
the state against any person unlawfully wounding or kill- 
ing, or unlawfully in possession of any game quadruped, 
bird or fish, and recover judgment for each such animal 
the following minimum sums as damages for the taking,, 
killing or injury thereof, to wit; 

for each elk $ 200.00 

For each deer 50.00 

For each antelope 100.00 

37 



For each mountain sheep 200.00 

For each buffalo or bison 1,000.00 

For each beaver 25.00 

For each bird 10.00 

For each fish 1.00 

No verdict or judgment recovered by the state in such r 
action shall be for less sum than hereinbefore fixed, but 
may be for such greater sum as the evidence may show 
the value of the animal to have been when living and 
uninjured. Such action for damages may be joined with 
the action for possession now provided in said act, and 
recovery had for the possession and also the damages as 
aforesaid- 
All moneys collected under this section shall be im- 
mediately paid over by the justice or clerk of the court! 
collecting the same as follows: One-third into the; 
treasury of the county where the Offense was committed, ,' 
one-third to the fish and game fund, and one-third to the 
person instituting the action; provided, that if the person i 
instituting the action shall fail for ten days after such ij 
collection and due notice thereof to demand the portion i 
to which he is entitled, [the] same shall be paid to the 
fish and game fund, and the right of such person there-; 
under shall be deemed forfeited. The commissioner, any' 
warden or officer instituting a prosecution shall be en- 
titled to a share in the fine [sum] collected the same 
as any other person, and [it] shall be a personal perquisite 
for which he need not account. 

Neither the pendency nor determination of such action, 
nor payment of such judgment, nor the pendency nor de- ' 
termination of a criminal prosecution for the same taking, ' 
wounding, killing or possession shall be a bar to the 
other, nor affect the right of seizure under any other 
provision of the laws relating to game and fish. [L. '03, 
p. 243, § 3.] 

2862. No fine, penalty or judgment assessed or ren- 
dered under this act, or the act to which it is amendatory, 
shall be suspended, reduced or remitted otherwise than as 
expressly provided by law. [L. '03, p. 243, § 4.] 

2863. It shall be the duty of the commissioner, and 
he shall have authority to prescribe and prepare, all the 
forms and blanks required by this act. He shall also pre- 
scribe and prepare forms and blanks for applications for 
all licenses, certificates and permits, and no license, cer- 
tificate or permit shall be issued except upon an applica- 
tion sworn to by or on behalf of the applicant, stating his 
age, place of residence and such other particulars as will 
identify the person to whom the license, certificate or per- 
mit to be issued, and any false statement in any appli- 

38 



cation shall render the license or permit issued thereon 
void. [L. '03, p. 243, § 5.] 

2864. Immediately upon the passage of this act, and 
every two years thereafter, the commissioner shall revise 
and publish in pamphlet form, for general distribution, 
the law^s and regulations in force relating to game and 
fish, at a cost not exceeding $300 biennially, and the same 
shall be prima facie evidence and shall be taken as such 
in all courts of this state of the existence of such lavyrs, 
rules and regulations. [L. '03, p. 243, § 6.] 

XI. 

DIVISION M. 
Records — Reports — Fees — Repeal — Taking Effect. 

2866. The commissioner snail keep a record of all 
moneys received and of all licenses, certificates, permits 
and tags Issued by him, numbering each class separately, 
and in case of the loss of any one of them before its ex- 
piration by use, or lapse of time, and upon being satisfied 
of the good faith of the applicant, shall issue a duplicate 
thereof bearing the same date and number as the original. 
On the face of such duplicate he shall endorse the follow- 
ing: "Duplicate, original lost," and such duplicate shall 
have the same force and effect as the original, and he 
shall collect therefor the same fee as for the original, 
but not exceeding the sum of $10.00 in any case. [L. '99, 
p. 2i9, § X.] 

2867. That the Commissioner shall charge and collect 
the following fees: 

For each permit to take suckers, etc $ 1.00 

For each permit for storage 100 

For each certificate of importation 1.00 

For scientific permit, domestic society 1.00 

For Scientific permit, foreign society 50.00 

For each permit to capture or exchange 1.00 

For each permit to lessen game or fish in park 

or lake 1.00 

For each quadruped park, two years license 25.00 

For each renewal of same 15.00 

For each quadruped park, ten years license 100.00 

For each renewal of same 75.00 

For each bird park, two years license 10.00 

For each renewal of same 8.00 

For each bird park, 10 years license 25.00 

For each renewal of same 20.00 

For each lake, two years license for first lake 10.00 

For each renewal of same 8.00 

For each lake, two years license for each additional 

39 



lake 5.00 

For each renewal of saifte, each additional lake. . . . 3.00 

For each lake, ten years license for first lake 25-00 

I'or each renewal of same 15.00 

For each lake, ten years' license, each additional 

lake 10.00 

For each renewal of same, each additional lake 5.00 

For each preserve, two years' license 10.00 

For each renewal of same 8.00 

For each preserve, ten years' license 25.00 

For each renewal of same 15.00 

For each permit to import specimens for mounting 

purposes only and exporting the same, from 

and to the same party 1.00 

For each transfer of any license 1.00 

For each permit for transportation out of State; 

For each elk edible portion $* 10.00 

For each mountain sheep edible portion 5.00 

For each deer edible portion 5.00 ' j 

For each bird edible portion 25 j 

For each fish edible portion 25 , 

For each non-resident hunting license 10.00 'J 

For each non-resident bird hunting license, for one | 

week 2-00 i 

For each non-resident bird hunting license for one 

day : 1.00 i 

For each State hunting license 1.00 1, 

For each non-resident fishing license 2.00 ) 

For each guide license 5.00 < 

For each taxidermist license, one year 5.00 

For each importers' license, one year 25.00 

For each non-resident combined hunting and fishing 

license issued on one .blank 12.00 

For each certificate, permit or license not herein 

provided for 1.00 

And It Is hereby provided that no public lake which 
has been stocked with fish at public expense shall be 
leased to any corporation or Individual. [L. '11, p. §8.] 
2868. The commissioner shall procure and keep on 
hand a supply of all blanks required for use under this 
act, and immediately upon the taking effect thereof shall 
furnish to the proprietors of licensed parks and lakes, and 
to importers and vendors entitled under this act to import 
and sell foreign or domestic game and fish, such blank in- 
voices as they may require, at a price not exceeding 25 
per cent advance on their cost. [L. '99, p. 220, § 3.] 

2869- When an arrest for a violation of this act is 
made by a sheriff or constable, the usual fee in a case 
of misdemeanor shall be taxed in his favor, and if not col- 
lected from the defendant, or if the defendant is acquitted, 

40 



shall be paid by the county; and the necessary and ordi- 
nary fees and expenses of every posse lawfully summoned 
and engaged in the enforcement of this act shall be taxed 
as a part of the costs, and if not collected from some 
person liable therefor, shall be paid out of the state 
treasury in the same manner as is provided for the pay- 
ment of Liie expenses of the commissioner. [L. '99, p. 
231, §4.] 

2870. When an arrest for violation of this act is made 
by the commisioner, or warden, and the defendant is con- 
victed, there shall be taxed as costs in favor of the officer 
making the arrest the same fees as a constable is entitled 
to in a case of misdemeanor, and, if collected from the de- 
fendant, shall be paid over to such officer and shall be a 
personal perquisite for which he need not account, but no 
such fees shall be allowed in case of acquittal, nor shall 
the county or state be liable for such fees in any event. 
[L. '99, p. 221, § 5.] 

2871. In case of a seizure and sale of game or fish 
taken or held in violation of this act, the officer making 
the same shall be entitled to the mileage allowed to a 
constable for serving a writ of replevin, and the reason- 
able cost of transporting the game or fish to the place 
of sale, and $3 per day for each day actually and neces- 
sarily spent in making the sale, which sums he may de- 
duct from the proceeds of sale, but in no event shall the 
county or state be liable for any deficiency, and such fees 
when earned by the commissioner or warden shall be a 
personal perquisite for which he need not account, but 
when such fees are collected from the proceeds of sale 
no other expenses shall be allowed any officer on account 
of the seizure, transportation or sale. [L. '98, p. 221, § 6.] 

2872. In all cases the officer making a seizure or sale 
shall, within ten days thereafter, report all the particulars 
thereof and an itemized statement of the proceeds, ex- 
penses and fees and the disposition thereof, and pay the 
remainder of the proceeds, if any, to the commissioner. 
[L. '99, p. 221, §7.] 

2873. Every warden shall, in the month of December 
of each year, and at such other times as the commissioner 
may require, report to the commissioner as to all viola- 
tions of any prosecutions under this act occurring in his 
1 district, together with such other information as the com- 
missioner may require. [L. '99, p. 222, §8.] 



41 



XII. 

DIVISION N (G). 
Penalties — Prosecutions — Fines. 

2874. Every attempt to violate any provision of this 
act shall be punishable to the same extent as an actual 
violation thereof, and any such attempt or violation by an 
agent, clerk, officer or employe, while acting for a cor- 
poration, shall render such corporation liable also, and an 
accessory may in all cases be prosecuted and punished 
as a principal. [L. '99, p. 217, § 1.] 

2875. The failure of any person or officer to perform 
any act, duty or obligation enjoined upon him by this act 
shall be deemed a violation thereof. [L. '99, p. 217, § 2.] 

2876. Every person using dynamite or other explosive, 
or any poisonous or stupefying substance, or pursuing, 
taking, wounding, killing or having in possession any 
bison or buffalo, in violation of this act, shall be punished 
by a fine of not less than $500 nor more than $1,000, or by 
imprisonment in the penitentiary not less than six months 
nor more than two years, or by both sucn fine and impris- 
onment. [L. '99, p. 217, § 3.] 

2877. Every person or officer violating any of the 
provisions of this act, otherwise than as contemplated in 
section 3 of this division, shall be guilty of a misdemeanor 
and be punished by a fine of not less than $25 nor more 
than $500, or by imprisonment in the county jail not less 
than ten days nor more than six months or by both such 
fine and imprisonment. [L. '99, p. 217, § 4.] 

2878. Every person convicted and fined under this act 
shall be imprisoned until the fine and costs are paid, and 
shall not be discharged therefrom on account of his in- 
ability to pay the same until he shall have been actually 
imprisoned one day for each $5 of the fine. [L. '99, p. 217, 
§5.] 

2879. Prosecutions under this act may be commenced 
either by indictment, complaint or information, and dis- 
trict and county courts and justices of the peace in their 
respective counties shall have concurrent original juris- 
diction of all offenses under this act, except those con- 
templated in section 3 of this division, of which justices 
of the peace shall not have jurisdiction otherwise than as 
committing magistrates. [L. '99, p. 218, § 6.] 

2880. The accused shall be entitled to a jury, as in 
other criminal cases, and an appeal shall lie from a justice 
of the peace as in cases of assault and battery. Appeals 
from and writs of error to the district and county courts 
shall lie as in other criminal cases. [L. '99, p. 218, §7]. 

2881. It shall be the duty of each district attorney to 
prosecute all violations of this act, occurring within his 

42 



district, that may come to his knowledge, or when so re- 
quested by the commissioner or any ofiicer charged with 
its enforcement, the same at all times to be subject to 
the supervision and control of the commissioner. [L. 
'99, p. 218, § 8.] 

2882. In any prosecution under this act, any partici- 
pant in a violation thereof, when so requested by the dis- 
trict attorney, commissioner, warden or other officer insti- 
tuting the prosecution, may testify as a witness against 
any other person charged with violating the same, and 
his evidence so given shall not be used against him in any 
prosecution for such violation. [L. '99, p. 218, § 9]. 

2883- All moneys collected for fines under this act 
shall be immediately paid over by the justice or clerk col- 
lecting the same, as follows: One-third into the treasury 
of the county where the offense was committed, one-third 
to the commissioner, and one-third to the person institut- 
ing the prosecution. Provided, that if the person institut- 
ing the prosecution shall fail for ten days after such col- 
lection and due notice thereof to demand the portion to 
which he is entitled, the same shall be paid to the com- 
missioner and the right of such person thereunder shall 
be deemed forfeited. 

The commissioner, any warden or officer instituting a 
prosecution shall be entitled to a share in the fines col- 
lected the same as any other person, and it shall be a 
personal perquisite for whicn he need not account. [L. 
'99, p. 218, § 10] 

2884. It shall be the duty of every justice of the peace 
and clerk of a court before whom any prosecution under 
this act is commenced or shall go on appeal, and within 
twenty days after the trial or dismissal thereof, to report 
in writing the result thereof and the amount of fine col- 
lected, if any, and the disposition thereof to the commis- 
sioner at Denver. [L. '99, p. 219, § 11] 

2885. The words "said act," wherever used herein, re- 
fer to the act to which this is amendatory, and the penal 
provisions of said act shall be applicable to this act the 
same as if this act had been incorporated therein and 
passed as a part thereof, and all acts or parts of acts 
inconsistent with this act are hereby repealed. 

AN ACT 

To Protect Birds, and Their Nests and Eggs. 

Be it Enacted by the General Assembly of the State of 
Colorado: 

2886. No person shall, within the State of Colorado, 
kill or catch, or have in his or her possession, living or 
dead, any wild bird other than a game bird, or purchase, 

43 



offer or expose for sale, tcansport, or ship within or with- 
out the state, any such wild bird after it has been killed 
or caught. No part of the plumage, skin or body of bird 
protected by this section sail be sold or had in possession 
for sale except as permitted by this act. For the purpose 
of this act the following only shall be considered game 
birds: The anatidae, commonly known as ducks, geese, 
brants, crane and swan; the rallidae, commonly known as 
rails, gallinules, coots and phalaropes, avocets, stilts, 
woodcocks, snipes, dowitchers, sandpipers, sanderlings, 
godwits, yellow-legs, willets, curlews, plovers, kill-deers 
and turnstones; the gallinae, commonly known as quails, 
partridges, grouse, prairie chickens, pheasants, and wild 
turkeys, the columbae, commonly known as wild pigeons 
and doves. [L. '03, p. z27, § 1.] 

2887. No person shall, within the State of Colorado, 
take or needlessly destroy the nest or the eggs of any wild 
bird, nor shall have such nests or eggs in his or her pos- 
session, except ^s permitted by this act. [L, '03, p. 227, 
§2.] 

2888. Any person who violates any of the provisions 
of sections 1 and 2 of this act shall be guilty of a misde- 
meanor, and shall be liable to a fine of not more than 
twenty-five dollars for each bird, living or dead, or part 
of birds, or nest, or set of eggs, or part thereof, possessed 
in violation of this act, or to imprisonment for not more 
than ten days, or both, at the discretion of the court. 
[L. '03, p. 227, § 3.] 

2889. Sections 1, 2, and 3, of this act shall not apply 
to any person holding a permit giving the right to take 
any wild birds, their nests or eggs for scientific purposes, 
as provided for in section 5 of this act. [L. '03, p. 228, 
§4.] 

2890- -Permits shall be granted by the State Game and 
Fish Commissioner or by the Grovernor, to any properly 
accredited person of the age of eighteen years or over, 
authorizing the holder thereof to collect any wild birds, 
their nests and eggs, for strictly scientific purposes only. 
In order to obtain such permit the applicant for same must 
present to the person having the power to grant said per- 
mit written endorsement from an incorporated state so- 
ciety of Natural History, certifying to the good character 
and fitness of said applicant to be intrusted with such 
privilege, must pay to said person fifty cents to defray the 
necessary expenses attending the granting of such per- 
mits; and must file with said person a properly executed 
bond, in the sum of one hundred dollars, signed by two 
responsible citizens of the state as sureties, or issued by 
some responsible surety company. On proof that the 
holder of such a permit has killed any bird, or taken the 

44 



nest or eggs of any bird, for other than scientific purposes, 
his bond shall be forfeited to the state, and the permit 
become void, and he shall be further subject for each such 
offense to the penalties provided therefor in section 3 of 
this act. The fees collected under this act shall go into 
the state game fund. [L. '03, p. 228, § 5.] 

2891. The permits authorized by this act shall be in 
force for one year only from the date of their issue, and 
shall not be transferable. [L. '03, p. 228, § 6.] 

2892. English or European house sparrows (Passer 
domesticus), snarp-shinned hawks (accipiter velox). 
Cooper's hawks (accipiter cooperi), goshawks (accipiter 
atricapillus), duck hawks (falco peregrinus anatum), great 
horned owls (bubo virginanus subarcticus), pinon jays, 
magpies, blue jays, and eagles, their nests or eggs, are 
not included among the birds, their nests or eggs pro- 
tected by this act. [L. '03, p. 228, § 7.] 

2893. Form for scientific permit to collect birds and 
their nests and eggs. 

No Denver, Colo 190... 

I, having received satisfac- 
tory evidence that * is en- 
gaged in the collection of wild birds, birds' nests and eggs 

for scientific purposes, and having received from h 

the fee and bond as provided for by this act, do hereby 

grant h permission to collect any wild birds, their 

nests and eggs, for strictly scientific purposes only, in ac- 
cordance with the provisions of the law enacted therefor; 
and in case of wanton destruction of birds, their nests or 
eggs, or killing birds for other than strictly scientific pur- 
poses by said this permit 

shall be revoked by the grantor thereof, or his successor, 
his bond shall be forfeited to the state and he shall be 
subject to the penalties provided in sections 3 and 5 of 
this act. 

This permit expires the day of 

nineteen hundred and is not transferable. 

The holder thereof is not authorized to collect speci- 
mens in defiance of local laws or regulations, nor in viola- 
tion of laws against trespass on private property. 

(Seal) 



Approved April 11, 1903. [L. '03, p. 229, § 9.] 

All acts and parts of acts in conflict with this act are 
hereby repealed, but such repeal shall not affect or abate 
any prosecution now pending or hereafter brought for any 
offense committed prior to the taking effect of this act, 
but the same may be prosecuted and punished as in said 
acts provided. 

45 



INDEX 

Section. 

Act to protect birds 2886 

Applications for licenses, etc 2863 

Appointment of Commissioner and Deputy 2725 

Appointment and salary of Clerk 2727 

Appointment of Game Wardens 2728 

Attempt to violate same as violation 2874 

Authority of Commissioner 2730 

Authority of Sheriffs and Constables 2734 

Baiting traps 2757 

Bienniar report of Commissioner 2733 

Bond of Commisisoner 2726 

Building dams in public streams 2817 

Civil actions for game 2738-2861 

County Clerks must make report 2844 

Corporations, how arrested 2750 

Commissions revoked 2751 

Coupon attached to deer 2841 

Dams and fishways 2821 

Definition of terms used 2746 

Diversion of waters 2773 

District Attorney must prosecute 2825-2881 

Domestic certificate 2859 

Duties of Commissioner and Wardens 2732 

Dynamiting fish 2758 

Fines, how disposed of 2861 

Fines, not remitted or suspended .2862 

Fees to be collected by Commissioner 2867 

Fees for hunting licenses — disposition of same 2838 

Fish killed when taken 2756 

Game and fish, how shipped 2763-2803 

Game and fish, how imported 2793 

Game and fish seized and sold 2802-2871 

Guide licenses 2847 

Game and fish seized while being transported 2735 

Game and fish protected 2728 

Game fund 2728-2731 

Hotels and restaurants 2811 

Hotels must preserve invoice 2813 

How game and fish may be shipped from private parks 

and lakes 2778 

How game and fish may be brought into this state. . .-.2794 

46 



Hunting licenses 2833 

Hunting license must be produced 2843 

Hunting licenses not transferable 2839 

Indians violating the law 2736 

Invoice — Parks and lakes 2776 

Importation of game and fish restricted 2793 

Importer's license 2796 

Importer's shall invoice , 2797 

Imported game and fish 2795 

Injunction issued — when 2882 

Joint ownership of license 2788 

License when revoked 2752 

Lakes licensed 2761 

Licenses when renewed 2792 

Licenses lost 2866 

Notices against trespassing 2789 

Ownership of game and fish 2739 

Owners of licensed parks and lakes must male report.2782 

Open seasons 2759 

Officers' invoice 2802 

Obstruction of waters 2821 

Possession prima facie evidence 2748-2842 

Pollution of streams 2820 

Prohibited territory 2754 

Permit for seining 2760 

Public and private parks 2765 

Parks licensed 2764 

Permits to capture or exchange 2768 

Private parks and lakes — invoice 2776 

Preserves licensed 2783 

Public nuisances 276i2-2815 

Packages labeled 2806 

Penalties, prosecutions, fines 2877 

Prosecutions, how commenced 2879 

Replevin of fish and game 2738 

Records to be kept by Commissioner 2866 

Repeal of acts 2885 

Revision of game and fish laws 2864 

Salary of Commisisoner and Deputy 2725 

Salary of Superintendents 2729 

Salary of Wardens 2728 

Scientific permit 2854 

Seizures and search 2734 

"Selling fish, fry or ova 2740 

Setting fires 2737 

Sex — evidence preserved 2755 

Stocking parks and preserves 2767 

Storage permits 2808 

Special counsel employed 2825 

Specimens imported 2851 

47 



Sale of game and fish seized 2801 

Tags — duplicate issued 2857 

Taking fish or spawn 2749 

Taxidermist license 2850 

Transportation permits 2803 

Transportation out of state 2805 

Transfer of license 2790 

Unlawful devices 2814 

Use of game cash fund 2728-2749 

Young animals retained 2749 

Words construed 2746 

When game and fish may be sold from parks and 

lakes 2776 

When seized game and fisn may be sold 2871 

When imported game and fish may be sold 2796 

When game or fish may be transported or sold 2763 



48 



^^.- 



